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James M. Spoonhour

Partner

Practice Areas

• Eminent Domain & Condemnation
• Real Estate, Land Use and Property Rights Litigation
• Appellate Law

Specialty Practices/ Industries

• Ad Valorem Tax Appeals (Property Taxes)
• Eminent Domain

Education

• Georgetown University Law Center, J.D., 1974
• University of Nebraska, M.A., 1970
• University of Nebraska, B.A., 1968 Pi Sigma Alpha

Admitted

• The Florida Bar -1974
• U.S. District Court, Middle District of Florida

Recognition

• Martindale-Hubbell Rating: AV
• Georgetown Law Journal Assistant Editor, Law Fellow, Georgetown University Law Center, 1972-1974
• Selected for inclusion in Florida Super Lawyers 2006
• Listed in the Best Lawyers in America 2007-2008
• "Florida Legal Elite" 2007 Florida Trend Magazine
• Orlando's Best Lawyers 2006-2008 Orlando Magazine
• "Who's Who in American Law" since 1990

Professional Certification, Memberships and Activities

Professional Associations
Association of Eminent Domain Professionals
American Bar Association
Orange County Bar Association
The Florida Bar, Eminent Domain Committee
Florida Council of Property Tax Lawyers, Founding Director

Community Activities

Winter Park Croquet Club, former President
U.S. Croquet Association
Friends of Casa Feliz, Board of Directors
Pinehurst, Croquet Club

Publications and Lectures

"Ethical Issues in Eminent Domain," Association of Eminent Domain Professionals
Professional Ethics in Eminent Domain Practice, AEDP and The Florida Bar Committee on Eminent Domain
Solicitation of Condemnation Clients, AEDP Quarterly Meeting
Ethics in Eminent Domain
Seminar lecturer on property tax appeals
Property Tax Appeals Seminar, Orlando and Daytona Beach
"Florida Property Tax Law" in Daytona Beach, Florida
Authored "Estates in Property" for The Florida Bar's 4th edition of Florida Real Property Sales Transactions
Speaker - "Florida Property Taxes," seminar to CFOs, property managers, CPAs and attorneys
Speaker - condemnation hearings and procedure to the Florida Conference of Circuit Judges

Representative Client Experience

• Started career representing construction bonding companies overseeing completion of public and private construction projects on which the contractor had defaulted (1974-1980).
• In 1976, started representing property owners in eminent domain (condemnation) cases where a governmental entity (Department of Transportation, county, city, or other state agency) or private utility with condemnation powers sought to take land from private property owners.
• Specialized in condemnation cases and appeals since 1982. Represents only property owners; never represents the government or other condemning authority. Case preparation includes team of appraisers, land planners, engineers and, if business damages are involved, forensic accountants. Practice is statewide. Owners generally do not pay for consultants or legal fees in Florida condemnation cases.
• Handled hundreds of cases including the following representative sampling:
  • Represented national food company owning three former citrus properties affected by planned construction of Western Beltway from Florida Turnpike to Apopka. Now residential use properties. Substantial issue involved maintaining access and development potential of these properties. Initial offer was $2,200,000, and final award was $3,900,000.00
  • Representing national home builder with subdivision where house just starting to be built. Entire subdivision to be acquired by Expressway Authority dues to loss of access and proximity. Negotiations still underway.
  • Represented owner of land platted for subdivision where land was taken for new toll road, interchange and toll booth. Initial offer was under $8 million, and final recovery was approx. $10.5 million
  • Represented owner of two parcels zoned industrial needed for interchange. Got Expressway Authority to agree on higher commercial value and joint use of appraiser. Final recovery was over $7,000,000.
  • Represented national soft drink company with manufacturing facility and related spray field impacted by proposed project. Got road realigned to avoid spray field and recovered all consulting and legal fees.
  • Representing large pre-stressed concrete manufacturer whose land planned for expansion of the facility is to be taken for this road project. Case involves both business damage claim and land damages. Case still pending.
  • Represented owner of professional office building whose parking lot will end up under the expressway. Initial offer was $1,000,000. Settlement was $1,7000,000 plus interim parking off-site and restoration or parking on-site
  • Representing co-owner of large multi-deck parking garage losing one of three primary exits. FDOT made no offer at all. Negotiated access cure including new elevated entry to garage and compensation of $1,125,000.
  • Representing exiting apartment complex where County wants to acquire vacant land slated for second phase of apartments to build retention pond. County’s value was $1,350,00. Case settled for over $3,000,000.
  • Represented owners of vacant 35 acre industrial tract near new intersection of Hiawassee Road and Maitland Boulevard extension. Property acquired for new high school. Got School Board to agree to commercial rather than lower industrial values. Obtained $5,760,000 for owners
  • Represented national chemical company whose manufacturing facility was on both sides of I-4 in Tampa. Widening of I-4 slate to cut into both buildings, requiring major modifications to manufacturing plant and warehouse, as well as acquisition of adjoining land for truck staging area. Case settled for over $10,000,000.
  • Represented owner of property zoned for apartments. Owner had approvals and was ready to commence development of multi-family project. Government wanted the land for stormwater retention pond for road project. Government valued property at between $2.8 and $3.8 million. Client recovered $4.1 million through negotiated settlement before suit was filed.
  • Represented owner of 80 acre subdivision site bisected by new road. Obtained compensation for land taken, additional subdivision walls required as result of new road, actual installation of sewer and water stubouts for both sides, and construction of a full median cut with turn lanes. Government offered $216,000. Client recovered $930,000 plus median cut and utility stubouts.
  • Represented home developer specializing in interval ownership sales to foreigners. Case involved loss of single access entry to 500+ unit development under construction at time of taking. Negotiated government's acquisition of alternate access parcel plus compensation for extending roads and constructing replacement access, as well as proximity damages and costs of reconfiguration of the development. Government offered $225,000. Client recovered $1.45 million plus new access property.
  • Also represented two major resort tracts in Osceola and Orange counties impacted by placement of high-tension power lines through their properties. Utility company offered $200,000. Final recovery for the owners was $2.0 million.
  • Represented recently renovated apartment complex where road project took frontage, closed 3 of 5 entries, and took 4 buildings for a retention pond. Negotiated restoration of 2 of the entries and continued use of the 4 buildings rent-free for 3 years. Government's offer was $800,000. Client recovered $2.0 million plus additional benefits.
  • Represented owner of limerock mine bisected by relocation of state highway. New road landlocked significant amounts of reserves. State offered $370,000. Client recovered $3.8 million.
  • Represented owner of major hotel and golf course in Lake Buena Vista area. Government was widening road through Jack Nicklaus signature golf course. Settled case for 5 times original offer, construction of new golf cart bridge over the widened road, median cuts, intersection improvements and a land swap with the county to preserve a villa development site.
  • Represented owner of four parcels zoned for intense office sites affected by new road project. Government offered $200,000. Client recovered $970,000.
  • Represented owner of prime shopping site impacted by planned retention pond for road project. Government offered $425,000. Client recovered $1.15 million.
  • Represented two single-family subdivisions under development which were bisected by the eastern part of the Orlando beltway. Cases involved redesign of both projects into two separate subdivisions on either side of the expressway and determination of damages to the remaining subdivisions based on proximity to the new road. Government offered $2.1 million. Clients recovered $4.35 million.
  • Pending cases include two apartment complexes, large church facility and office building all of which will be significantly affected by planned widening of I-4 though Orlando and nearby cities, as well as numerous other road and utility projects.
• Began representing property owners in ad valorem tax appeals in 1978. Represented owners in at least 30 counties throughout Florida in challenging their property tax assessments through direct negotiations with elected Property Appraisers and their staff, administrative appeals to the Value Adjustment Board, and in civil suits, as well as appeals. Property tax appeal experience has included:
  • Agricultural classification cases have included citrus and pine tree operations, cattle, pasture, and sod farming.
  • Valuation assessment cases have included numerous hotels, apartment complexes, office buildings, shopping malls and centers, other commercial buildings, and residential properties.
  • Also extensive experience with tangible personal property assessments for utility companies including fiber optic lines and systems, power lines, substations, including use of system-wide valuations with allocation of value to multiple counties. Also represented defense and technology companies in valuation of special use property, such as simulators.
  • Tax exemption cases have included vacant property held by churches for expansion and buildings owned by charitable and other exempt organizations and quasi-governmental entities.
  • Successfully got privatization of military housing projects exempted or immune from property taxes at several Air Force bases and Naval Air Stations throughout the state.
  • Numerous tax appeals of subdivisions lots and platted land held by builders and developers.
• Successfully handled a significant number of appeals in condemnation and property tax cases.
• Handled numerous mediations and trials. Certified as Circuit Court Mediator by Florida Supreme Court.